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MOORE v. SMITH

No. 20050626-CA.

158 P.3d 562 (2007)

2007 UT App 101

William MOORE and Mary Moore, Plaintiffs, Appellees, and Cross-appellants, v. Dan SMITH, individually and as Trustee of the Dan Irvin Smith Inter Vivos Trust; and Carol Smith, individually and as Trustee of the Carol L. Smith Inter Vivos Trust, Defendants, Appellants, and Cross-appellees.

Court of Appeals of Utah.

Rehearing Denied April 23, 2007.

Attorney(s) appearing for the Case

Justin R. Elswick and Justin D. Heideman, Ascione Heideman & McKay LLC, Provo, for Appellants and Cross-appellees.

Gregory B. Hadley and Paul D. Dodd, Hadley & Associates, Provo, for Appellees and Cross-appellants.

Before GREENWOOD, Associate P.J., DAVIS and THORNE, JJ.

OPINION

GREENWOOD, Associate Presiding Judge:

¶ 1 Defendants Dan and Carol Smith (the Smiths) appeal (1) two trial court orders partially denying summary judgment; (2) a special verdict in favor of Plaintiffs William and Mary Moore (the Moores);1 (3) an order denying the Smiths' rule 50(b) motion for judgment notwithstanding the verdict; (4) an order denying the Smiths' motion to set aside the judgment; and (5) an order...

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